Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles

ANCILLARY RELIEF: RP v RP [2006] EWHC 3409 (Fam)

Sep 29, 2018, 17:28 PM
Slug : rp-v-rp-2006-ewhc-3409-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 8, 2006, 04:22 AM
Article ID : 86747

(Family Division; Coleridge J; 8 December 2006)

Awarding the wife about 60% of the assets, and the husband 40%, the judge commented that care needed to be taken to ensure that certain passages of the House of Lords judgment in Miller: McFarlane [2006] 1 FLR 1186 were not treated as some kind of quasi statutory amendment. The word 'compensation' did not appear in the statute, and might not add anything to the concept of 'financial . . . obligations and responsibilities which each of the parties has'. It was neither possible nor desirable to break up, artificially, these ancillary relief claims into separate heads of claim as if they were actions for damages for personal injury. In the family jurisdiction there was only one finite pot of resources which had to be divided up between the two parties fairly, by balancing their competing claims by reference to Matrimonial Causes Act 1973, s 25. The balancing exercise was very sensitive to even a slight adjustment causing an exaggerated discrepancy/result. It would be totally misconceived to call expert evidence to establish the value of the wife's loss of earnings/earning capacity caused by her marriage, and would be likely to lead to double counting. Calling for a period of reflective tranquillity, the judge suggested that the current state of the law was creating very real uncertainty as to outcome, and thus consensual disposal of cases had become harder to achieve and more costly.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from